PC R 91-1330� 0
RESOLUTION NO. 91- 133Q.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 91-483, TO
EXCEED HEIGHT LIMIT FOR ACCESSORY BUILDING
FROM 14 FEET TO 24 FEET, APPLIED FOR BY
RICHARD AND TERRY PAYNE AT 212 MILLER WAY,
ADOPTING A NEGATIVE DECLARATION AND
INSTRUCTING THE SECRETARY TO FILE A NOTICE O&�
DETERMINATION. :
WHEREAS, the Planning Commission of the City of Arroyo Grande ha;� considered
an application to exceed the height limit for an accessory building from 14 feet to 24 feet to
allow a storage/shop area above garage, applied for by Richard and Terry Pa��ie at 212 Miller
Way in the RA-B3 Residential Agricultural Zone; and
WHEREAS, the Planning Commission has found that this project is c�nsistent with
the General Plan and environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed the project in coir;pliance with
the California Environmental Quality Act and has determined that a negative dec:laration can
be adopted and instructs the Secretary to file a Notice of Determination; and �
WHEREAS, the Planning CommiGsion finds, after due study, deliberatio���� and public
hearing, the following circumstances exist:
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The proposed use is consi�tent with the general F�lan.
The site is adequate in sizr� and shape for the pro�aosed use becau�i� all
setbacks, parking and oth.er requirements, exceptii �g heig"t�t limits of the RA-B3
zone can be met.
The site for the proposed use has adequate access to M'iller Way.
The proposed use will ncit have an adverse effect on the adjacent pro�u;rty
because existing view co�ridors will be preserved.
The design and layout of the proposed use is suitable.
The project will not have ,�n adverse effect on the envir�nment.
NOW, THEREFORE, BE IT FlESOLVED that the Planning �;ommission of tt�: City
of Arroyo Grande hereby adopts a Neg.�tive Declaration, instructs the Secretary to file ��±
Notice of Determination and approves s,aid Conditional Use Permit, su:bject to appropri;�i;e
standard conditions of the City of Arroy�� Grande, and the following s�:�ecial conditions:
General Conditions
The applicants shall ascertain arid comply with all State, Cow��ty and City require rt�ents
as are applicable to this project.
2. Development shall occur in substantial conformance with the plans presented to @he
Planning Commission at the meeting of April 2, 1991 and marked "Exhibit A" and
"Exhibit B".
3. The applicants shall agree to d�fend at his/her sole expense �any action brought
against the City, its agents, offi�:,ers, or employees because o;� the issuance of s�?�ii
approval, or in the alternative, tu relinquish such approval. Tiie applicant shall
reimburse the City, its agents, c�fficers, or employers, for any court costs and
attorney's fee's which the City, its agents, officers or employ�::es may be requirec' by a
court to pay as a result of sucri action. The City may, at its ;;ole discretion, part� �;ipate
at its own expense in the deferrse of any such action but sur;h participation shal; not
relieve applicant of his/her oblica�ations under this condition.
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4. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All fixtures and designs shall be
installed prior to final occupancy. _ ��
Planning Department Conditions
5. Development shall conform with the RA-63 zoning requirements unless otherwise
approved.
6. Pad Elevation for the garage shall. be no higher than 206.5 feet based on city bench
mark �number 104 located at the southwest corner of North Mason Street and LePoint
Street.
7. Maximum elevation of the garage shall be 229.5 feet.
8. Final colors and materials shall be approved by the Architectural Advisory Committee
prior to issuance of building permits.
Building Department Conditions
9. Prior to issuance of building permits, the applicant shall obtain necessary permits for: �
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a. Work in the public right of way;
b. Retaining walls; and
c. Grading.
10. All structures as regulated by the currently adopted issues of the Uniform Building
Code and related codes, are subject to all seismic conditions as they would apply to
Earthquake Zone 4:
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11. All structures as regulated by the currently adopted issues of the Uniform Building
Code and related codes, are subject to energy regulations as described in Title 24 of
the Califomia Administrative Code.
12. No construction shall begin on the garage until the finished grade of the pads (as
approved by the Planning Commission) is certified by a licensed surveyor.
Public Works Department Conditions
13. All improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the Public Works Director prior to
•' issuance of any City Permits. Improvement plans shall include, but are not limited to,
� grading, street, drainage, sewer, water, and appurtenant improvements. As required,
' the plan submittal shall include construction cost estimates, plan check fees, soil
reports, and all other pertinent engineering design calculations.
14. "Standard Specifications for Public Works Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted othervvise on the approved
improvement plans.
15. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of
the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the Director of Public Works.
16. It is the contractor's responsibility to control dust and erosion throughout the
construction operation. This includes dust arising from the transport of grading
materials to or from the construction site. The developer or his agents or employees
shall be responsible for removal and clean-up of any spill on public streets during the
construction operation.
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On motion by Commissioner Soto, seconded by Commissioner Souza, and by the
following roll call vote, to wit: '
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AYES: Commissioners Soto, Souza and Moore '
NOES: Commissioners Gallagher, Boggess and Chairman Carr
ABSENT: Commissioner Brandy �
the foregoing Resolution was denied this 2nd day. of April, 1991 due ,to lack of a majority vote.
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ATTEST:
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�,JPear inney, Se etary
Arroyo Grande Planning Commission
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Robert . Carr, Chairman
Arroyo Grande Plannirig Commission
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